No more slows in Florida major roadways' left lanes

Jun. 30, 2013

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New left lane speed limit law

F.S. 316.081 Driving on right side of roadway; exceptions, added a new subsection which amended the law to clarify drivers may not drive slower than 10 mph below the posted speed limit when in the far left hand lane on roads with four lanes or more when the driver knows or reasonably should know another vehicle traveling at a greater speed is attempting to pass in that lane. It does not apply to drivers who are overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an intersection. 316.183 Unlawful speed.— (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour.

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A new state law effective today makes it a $60 fine to drive 10 mph below the posted speed limit in the left lane on major Florida roadways.

“If you’re going to ride in the left lane and stay in that lane, you need to go the speed limit,” said Bobby Interian of Naples, who stopped for fuel at the Pilot Travel Center on Luckett Road off I-75 Sunday.

The left lane violation is one of a number of new road rules and other laws that became active today.

Other new laws activated today include revising state law to mirror federal law banning truckers and other commercial vehicle operators from texting while driving or talking on cell phones unless they use a wireless device. The bill makes texting a primary offense for truckers, which means they can be pulled over for committing the offense.

A similar law that affects passenger vehicle drivers goes into effect Oct. 1.

Additionally, drivers may now provide law enforcement their proof of insurance via a mobile device, in lieu of a paper identification card.

The left-lane provision stipulates drivers on any road with four lanes may not drive more than 10 mph slower than the posted speed limit in the left lane if they know they are being overtaken.

Drivers preparing for a left turn at an intersection or who are overtaking another vehicle are not affected by the law. .

Interian said that the left lane is for people who are going at the top speed allowed on the freeway and those traveling slower should not block traffic.

“I go the speed limit, sometimes a bit faster, and I stay in the middle lane and people are always passing me,” he said. “ If you want to be in that (left) lane and hold up traffic you should get a ticket.”

Roberto Anderson of Fort Myers, fueling up at the Race Trac station on Dr. Martin Luther King Blvd., agreed.

“If you are going to go under the speed limit there’s no reason to go in the left lane,” he said.

Jeff Frost, public affairs officer for the FHP in Tallahassee, said there is no official grace period for the new law before officers begin issuing citations.

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Frost said issuing citations will be up to the individual officers.

“That’s the way it is with any violation,” he said. “It is the officer’s discretion.”

Frost said issuing of the citation will depend on several factors including if there is another faster driver coming up on the slower left lane car and if the slower driver knows or has a reasonable chance to know there is a faster vehicle approaching.

“It isn’t automatic,” he said, noting officers would have to see the offending vehicle moving at a measured speed.

In city areas the issue likely won’t be as big as along limited access-type highways.

Shelly Flynn, public information officer for the Fort Myers Police Department, said the FMPD just doesn’t see it as in issue with inner city driving.

“It’s really more for interstate traffic,” she said. However, she said FMPD officers have been instructed in the new law and will be aware of violators.

Tony Schall, public information officer for the Lee County Sheriff’s Office, said deputies would be watching for violators.

The minimum speed limit on all national highways is 50 mph when the posted speed limit is 70 mph, according to the Highway Patrol.

But, Frost said, if you are in the left lane, then you must be traveling 61 mph or more to avoid being cited and incurring a $60 fine and three points on your license.

Drivers going from 50 to 70 mph in the right lane will not be cited, he said.

As for the new rules on electronic proof of insurance, Frost said drivers handing over a mobile device like an smart phone or tablet assume all responsibility for the device.

Additionally, he said, officers will have the right to look only at the insurance information and nothing else on the device.

“It does not constitute access to any other information on the device,” Frost said.

Walter Quarles, a trucker getting fuel at the Pilot stop Sunday, said the new law regarding texting and cell phone use by commercial truck drivers was a good idea.

“You shouldn’t be texting anyway,” he said. “A lot of companies don’t like you to use your cell. You shouldn’t do it, but sometimes you have to call in to the dispatcher.”

Quarles said his company prefers him to pull over before using a cell phone or texting.